The 'formalisation dilemma' of artisanal and small-scale mining: an analysis with reference to the Democratic Republic of the Congo

This thesis contributes to the discussion about the impact and dynamics of the informal Artisanal and Small-scale Mining (ASM) sector in sub-Saharan Africa, focusing on the case of the Democratic Republic of Congo (DRC). The debate around ASM's informality in sub-Saharan Africa is increasingly gathering momentum in the region's development and donor dialogues. A unique sector populated by a heterogenous group of people, ASM has in recent years expanded rapidly around the globe. More and more countries are recognising the economic importance of the ASM sector, particularly in sub-Saharan Africa, forcing many donors and policymakers to ‘reconsider' development strategies for ASM. With the growth in ASM, many countries have endeavoured to formalise their ASM sectors in hope of bringing ASM activities into the formal domain and in turn mitigating the negative consequences which flow therefrom. Despite these ASM-formalisation efforts, governments continue to face numerous obstacles along the way, with many of the artisanal miners continuing to operate illegally. The case study of the DRC provides an informative understanding of ASM's informality in sub-Saharan Africa and depicts the issues experienced by a country attempting to formalise its ASM sector. The DRC is one such country that has implemented legislation and introduced numerous initiatives to help bring its ASM sector into the formal domain. The unfortunate reality is that the country seems to be trapped in what this thesis terms the ‘formalisation dilemma', as thousands of artisanal miners continue to operate outside of the legal framework; a phenomenon which is not unique to the DRC experience. To date, most of the AMS-formalisation undertakings and support in sub-Saharan Africa have focused on the financial and technical aspects of the sector, with emphasis being placed on controlling ASM activities ad hoc, instead of proactively engaging and supporting ASM operations. This thesis examines the correlation between the rise in ASM activities and state or institutional failure and concludes by recommending various solutions to this so-called ‘formalisation dilemma'.

Grantor

Department of Private Law

Year dc:date.issued

2022

Author dc:creator

• Pein, Rebecca-Lee

Advisor dc:contributor.advisor

• Mostert, Hanri

• mineral law

Handle dc:identifier.uri

http://hdl.handle.net/11427/36529

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/36529